Where a complaint has been recorded under Schedule 3 to the Police Reform Act 2002, the complainant has a right to apply for a review of the outcome of their complaint. This applies whether the complaint has been investigated by the appropriate authority or handled otherwise than by investigation. The review will consider whether the outcome of the handling of the complaint is reasonable and proportionate. Where the relevant review body finds that the outcome of the complaint is not reasonable and proportionate it will uphold the review.
There is no right to apply for a review of the outcome of a directed or independent investigation.
There is no right to apply for a review of the outcome of a complaint that has been handled outside of Schedule 3 to the Police Reform Act 2002, or where the complaint has not been logged or recorded because the person making the complaint is not eligible to be a complainant. When you are advised about the outcome of your complaint by the appropriate authority, they must also inform you who the relevant review body is. Depending on the circumstances of the complaint, the application for a review will be considered by either the Independent Office for Police Conduct (IOPC) or by the Police and Crime Commissioner (as the local policing body).
Who is the relevant review body?
The IOPC is the relevant review body where:
- The appropriate authority is the Police and Crime Commissioner.
- the complaint is about the conduct of a senior officer (an officer holding a rank above chief superintendent
- the appropriate authority is unable to satisfy itself, from the complaint alone, that the conduct complained of (if it were proved) would not justify the bringing of criminal or disciplinary proceedings 138 or would not involve the infringement of a person’s rights under Article 2 or 3 of the European Convention on Human Rights (see glossary)
- the complaint has been, or must be, referred to the IOPC
- the IOPC is treating the complaint as having been referred
- the complaint arises from the same incident as a complaint falling within (2) and (5) above
- any part of the complaint falls within (2) to (6) above. In any other case the relevant review body is the Police and Crime Commissioner (as the local policing body)
How to apply for a review with the Police and Crime Commissioner
All reviews must be made in writing to the Police and Crime Commissioner within 28 days of receiving your complaint outcome letter from Lincolnshire Police. For example, if your letter is dated 1 April, you must ensure that we receive our appeal by no later than 29 April. In making an application for a review you should include, as a minimum, the following information.
- Your title (e.g. Mr, Mrs, Miss, Ms etc)
- Your full name
- Your contact details
- The name of the police force that you originally complained to
- The force complaint reference number (This should be on any correspondence you have had from the force)
- The date on which you were provided with the details about your right of review at the conclusion of the complaint investigation
- Please explain why you want to apply for a review and what you would like to see happen
The Police and Crime Commissioner (as the local policing body) has the power to delegate his/her responsibilities for considering reviews. In Lincolnshire, the Police and Crime Commissioner has engaged a third party provider to enable him to undertake the review function.
Note: If you are acting on behalf of a complainant and want to apply for the right to have the outcome of their complaint reviewed, then in addition to the information listed above, we will also need you to provide written proof from the complainant that they have given consent for you to do so. This should take the form of a written declaration stating this, that is signed and dated by the complainant. You can submit your right for a review in the following ways:
The Police and Crime Commissioner, Office of the Police and Crime Commissioner, Deepdale Lane, Nettleham, Lincoln, LN2 2LT
Accessibility: Should you require any assistance or reasonable adjustments to be able to submit a review to the Police and Crime Commissioner, please ring the Police and Crime Commissioners Office on 01522 47192 and we will be more than happy to help.